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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1(d) of the Convention. Penal sanctions involving compulsory labour as a punishment for having participated in strikes. The Committee has noted the adoption of the Labour Disputes (Arbitration and Settlement) Act, 2006, which repealed and replaced the Trade Disputes (Arbitration and Settlement) Act, 1964. It has noted that the new Act contains provisions concerning the resolution and settlement of labour disputes which could lead to the imposition of compulsory arbitration procedure, thus making strikes or other industrial action unlawful. Strikes may be declared unlawful, for example, where the minister or the labour officer refers a dispute to the Industrial Court (section 28(4)) or where the Industrial Court makes an award which has come into force (section 29(1)), organization of strikes in these circumstances being punishable with imprisonment (involving compulsory prison labour) (sections 28(6) and 29(2), (3)), which is not in conformity with the Convention.

The Committee refers in this connection to the explanations provided in paragraph 187 of its General Survey of 2007 on the eradication of forced labour, where it pointed out that, when such restrictions and prohibitions on the right to strike, connected with the imposition of compulsory arbitration, are enforceable with sanctions involving compulsory labour, they should be limited to the sectors, types of employment or situations where, in conformity with freedom of association principles, restrictions may be imposed on the right to strike itself (such as, for example, essential services in the strict sense of the term or situations of acute national crisis).

The Committee therefore hopes that measures will be taken to bring the abovementioned provisions of the Labour Disputes (Arbitration and Settlement) Act, 2006, into conformity with the Convention, either by removing the penalties of imprisonment involving compulsory labour, or restricting their scope to essential services in the strict sense of the term (namely those services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population), or to situations of acute national crisis. The Committee requests the Government to provide, in its next report, information on progress made in this regard.

The Committee has noted that, under section 34(5) of the Labour Disputes (Arbitration and Settlement) Act, 2006, the minister may refer the dispute in essential services to the Industrial Court, thus making illegal any collective withdrawal of labour in such services, violation of this prohibition being punishable with imprisonment (involving an obligation to perform labour) (section 33(1) and (2) of the Act). It has also noted that the list of essential services given in Schedule 2, while including those services generally recognized as essential ones, also refers to civil aviation services, the interruption of which does not necessarily endanger the life, personal safety or health of the whole or part of the population. Referring to the explanations in point 1 above, the Committee hopes that measures will be taken to bring the abovementioned provisions into conformity with the Convention, for example, by restricting their scope to essential services in the strict sense of the term, as explained above.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been referring to the following legislation:

–      the Public Order and Security Act, No. 20 of 1967, empowering the executive to restrict an individual’s association or communication with others, independently of the commission of any offence and subject to penalties involving compulsory labour;

–      sections 54(2)(c), 55, 56 and 56A of the Penal Code, empowering the minister to declare any combination of two or more people an unlawful society and thus render any speech, publication or activity on behalf of, or in support of, such combination illegal and punishable with imprisonment (involving an obligation to perform labour).

As the Committee repeatedly pointed out, any penal sanctions involving an obligation to perform prison labour are contrary to the Convention when imposed on persons convicted for expressing political views or views opposed to the established political system, or having contravened a widely discretionary administrative decision depriving them of the right to publish their views or suspending or dissolving certain associations (see, for example, paragraphs 152–166 of its General Survey of 2007 on the eradication of forced labour).

The Committee expresses the firm hope that the necessary measures will at last be taken to repeal or amend the abovementioned provisions of the Public Order and Security Act, No. 20 of 1967, and of the Penal Code, in order to bring the legislation into conformity with the Convention, and that the Government will provide, in its next report, information on progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, subparagraph d, of the Convention. Penal sanctions involving compulsory labour as a punishment for having participated in strikes. 1. The Committee has noted the adoption of the Labour Disputes (Arbitration and Settlement) Act, 2006, which repealed and replaced the Trade Disputes (Arbitration and Settlement) Act, 1964. It has noted that the new Act contains provisions concerning the resolution and settlement of labour disputes which could lead to the imposition of compulsory arbitration procedure, thus making strikes or other industrial action unlawful. Strikes may be declared unlawful, for example, where the minister or the labour officer refers a dispute to the Industrial Court (section 28(4)) or where the Industrial Court makes an award which has come into force (section 29(1)), organization of strikes in these circumstances being punishable with imprisonment (involving compulsory prison labour) (sections 28(6) and 29(2), (3)), which is not in conformity with the Convention.

The Committee refers in this connection to the explanations provided in paragraph 187 of its General Survey of 2007 on the eradication of forced labour, where it pointed out that, when such restrictions and prohibitions on the right to strike, connected with the imposition of compulsory arbitration, are enforceable with sanctions involving compulsory labour, they should be limited to the sectors, types of employment or situations where, in conformity with freedom of association principles, restrictions may be imposed on the right to strike itself (such as, for example, essential services in the strict sense of the term or situations of acute national crisis).

The Committee therefore hopes that measures will be taken to bring the abovementioned provisions of the Labour Disputes (Arbitration and Settlement) Act, 2006, into conformity with the Convention, either by removing the penalties of imprisonment involving compulsory labour, or restricting their scope to essential services in the strict sense of the term (namely those services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population), or to situations of acute national crisis. The Committee requests the Government to provide, in its next report, information on progress made in this regard.

2. The Committee has noted that, under section 34(5) of the Labour Disputes (Arbitration and Settlement) Act, 2006, the minister may refer the dispute in essential services to the Industrial Court, thus making illegal any collective withdrawal of labour in such services, violation of this prohibition being punishable with imprisonment (involving an obligation to perform labour) (section 33(1) and (2) of the Act). It has also noted that the list of essential services given in Schedule 2, while including those services generally recognized as essential ones, also refers to civil aviation services, the interruption of which does not necessarily endanger the life, personal safety or health of the whole or part of the population. Referring to the explanations in point 1 above, the Committee hopes that measures will be taken to bring the abovementioned provisions into conformity with the Convention, for example, by restricting their scope to essential services in the strict sense of the term, as explained above.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been referring to the following legislation:

(i)     the Public Order and Security Act, No. 20 of 1967, empowering the executive to restrict an individual’s association or communication with others, independently of the commission of any offence and subject to penalties involving compulsory labour;

(ii)    sections 54(2)(c), 55, 56 and 56A of the Penal Code, empowering the minister to declare any combination of two or more people an unlawful society and thus render any speech, publication or activity on behalf of, or in support of, such combination illegal and punishable with imprisonment (involving an obligation to perform labour).

As the Committee repeatedly pointed out, any penal sanctions involving an obligation to perform prison labour are contrary to the Convention when imposed on persons convicted for expressing political views or views opposed to the established political system, or having contravened a widely discretionary administrative decision depriving them of the right to publish their views or suspending or dissolving certain associations (see, for example, paragraphs 152–166 of its 2007 General Survey on the eradication of forced labour).

The Committee expresses the firm hope that the necessary measures will at last be taken to repeal or amend the abovementioned provisions of the Public Order and Security Act, No. 20 of 1967, and of the Penal Code, in order to bring the legislation into conformity with the Convention, and that the Government will provide, in its next report, information on progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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Article 1(d) of the Convention. Penal sanctions involving compulsory labour as a punishment for having participated in strikes. 1. The Committee has noted the adoption of the Labour Disputes (Arbitration and Settlement) Act, 2006, which repealed and replaced the Trade Disputes (Arbitration and Settlement) Act, 1964. It has noted that the new Act contains provisions concerning the resolution and settlement of labour disputes which could lead to the imposition of compulsory arbitration procedure, thus making strikes or other industrial action unlawful. Strikes may be declared unlawful, for example, where the minister or the labour officer refers a dispute to the Industrial Court (section 28(4)) or where the Industrial Court makes an award which has come into force (section 29(1)), organization of strikes in these circumstances being punishable with imprisonment (involving compulsory prison labour) (sections 28(6) and 29(2), (3)), which is not in conformity with the Convention.

The Committee refers in this connection to the explanations provided in paragraph 187 of its General Survey of 2007 on the eradication of forced labour, where it pointed out that, when such restrictions and prohibitions on the right to strike, connected with the imposition of compulsory arbitration, are enforceable with sanctions involving compulsory labour, they should be limited to the sectors, types of employment or situations where, in conformity with freedom of association principles, restrictions may be imposed on the right to strike itself (such as, for example, essential services in the strict sense of the term or situations of acute national crisis).

The Committee therefore hopes, referring also to its comments addressed to the Government under Convention No. 87, likewise ratified by Uganda, that measures will be taken to bring the abovementioned provisions of the Labour Disputes (Arbitration and Settlement) Act, 2006, into conformity with the Convention, either by removing the penalties of imprisonment involving compulsory labour, or restricting their scope to essential services in the strict sense of the term (namely those services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population), or to situations of acute national crisis. The Committee requests the Government to provide, in its next report, information on progress made in this regard.

2. The Committee has noted that, under section 34(5) of the Labour Disputes (Arbitration and Settlement) Act, 2006, the minister may refer the dispute in essential services to the Industrial Court, thus making illegal any collective withdrawal of labour in such services, violation of this prohibition being punishable with imprisonment (involving an obligation to perform labour) (section 33(1) and (2) of the Act). It has also noted that the list of essential services given in Schedule 2, while including those services generally recognized as essential ones, also refers to civil aviation services, the interruption of which does not necessarily endanger the life, personal safety or health of the whole or part of the population. Referring to the explanations in point 1 above, the Committee hopes that measures will be taken to bring the abovementioned provisions into conformity with the Convention, for example, by restricting their scope to essential services in the strict sense of the term, as explained above.

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The Committee notes with satisfaction that the Trade Disputes (Arbitration and Settlement) Act, 1964, which contained provisions under which workers employed in “essential services” may be prohibited from terminating their contract of service, has been repealed by the Labour Disputes (Arbitration and Settlement) Act, 2006 (section 44(1)). Section 34(1) of the new Act expressly provides that an individual employee (employed in “essential services”) shall not be prohibited from giving notice of termination of employment at any time under the Employment Act, 2006.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been referring to the following legislation:

(i)    the Public Order and Security Act, No. 20 of 1967, empowering the executive to restrict an individual’s association or communication with others, independently of the commission of any offence and subject to penalties involving compulsory labour;

(ii)    sections 54(2)(c), 55, 56 and 56A of the Penal Code, empowering the minister to declare any combination of two or more people an unlawful society and thus render any speech, publication or activity on behalf of, or in support of, such combination illegal and punishable with imprisonment (involving an obligation to perform labour).

As the Committee repeatedly pointed out, any penal sanctions involving an obligation to perform prison labour are contrary to the Convention when imposed on persons convicted for expressing political views or views opposed to the established political system, or having contravened a widely discretionary administrative decision depriving them of the right to publish their views or suspending or dissolving certain associations (see, for example,
paragraphs 152–166 of its 2007 General Survey on the eradication of forced labour).

The Committee expresses the firm hope that the necessary measures will at last be taken to repeal or amend the abovementioned provisions of the Public Order and Security Act, No. 20 of 1967, and of the Penal Code, in order to bring the legislation into conformity with the Convention, and that the Government will provide, in its next report, information on progress made in this regard.

The Committee is also addressing a request on certain other points directly to the Government.

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The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(a), (c) and (d) of the Convention. For a number of years, the Committee has been referring to the following legislation:

(i)  the Public Order and Security Act, No. 20 of 1967, empowering the executive to restrict an individual’s association or communication with others, independently of the commission of any offence and subject to penalties involving compulsory labour;

(ii)  sections 54(2)(c), 55, 56 and 56A of the Penal Code, empowering the Minister to declare any combination of two or more persons an unlawful society and thus render any speech, publication or activity on behalf of or in support of such combination illegal and punishable with imprisonment (involving an obligation to perform labour);

(iii)  section 16(1)(a) of the Trade Disputes (Arbitration and Settlement) Act, 1964, under which workers employed in "essential services" may be prohibited from terminating their contract of service, even by notice; sections 16, 17 and 20A of the same Act, under which strikes may be prohibited in various services that, while including those generally recognized as essential ones, also extend to other services, and contravention of these prohibitions is punishable with imprisonment (involving an obligation to perform labour).

The Committee notes the Government’s renewed statement in its report that the labour legislation has been revised to enhance the application of the Convention, but the revised legislation is still in the form of a draft Bill. It also notes the Government’s indication that the labour law reform exercise, which has been going on for over ten years, has now reached a point where draft principles of the Bills have been prepared in accordance with the current Government procedure. The Government also indicates that draft Bills were prepared for the four labour laws, including the Trade Disputes (Arbitration and Settlement) Act, and expresses the hope that these Bills will soon be enacted.

While noting these indications, the Committee requests the Government to indicate the measures taken or envisaged to repeal or amend the above provisions of the Public Order and Security Act, No. 20 of 1967, and of the Penal Code.

The Committee trusts that measures will at last be taken to repeal or revise the abovementioned provisions and that the legislation will be brought into conformity with the Convention. It requests the Government to provide information on the progress made in this regard and to communicate a copy of the revised legislation as soon as it is adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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Article 1(a), (c) and (d) of the Convention. For a number of years, the Committee has been referring to the following legislation:

(i)  the Public Order and Security Act, No. 20 of 1967, empowering the executive to restrict an individual’s association or communication with others, independently of the commission of any offence and subject to penalties involving compulsory labour;

(ii)  sections 54(2)(c), 55, 56 and 56A of the Penal Code, empowering the Minister to declare any combination of two or more persons an unlawful society and thus render any speech, publication or activity on behalf of or in support of such combination illegal and punishable with imprisonment (involving an obligation to perform labour);

(iii)  section 16(1)(a) of the Trade Disputes (Arbitration and Settlement) Act, 1964, under which workers employed in "essential services" may be prohibited from terminating their contract of service, even by notice; sections 16, 17 and 20A of the same Act, under which strikes may be prohibited in various services that, while including those generally recognized as essential ones, also extend to other services, and contravention of these prohibitions is punishable with imprisonment (involving an obligation to perform labour).

The Committee notes the Government’s renewed statement in its report that the labour legislation has been revised to enhance the application of the Convention, but the revised legislation is still in the form of a draft Bill. It also notes the Government’s indication that the labour law reform exercise, which has been going on for over ten years, has now reached a point where draft principles of the Bills have been prepared in accordance with the current Government procedure. The Government also indicates that draft Bills were prepared for the four labour laws, including the Trade Disputes (Arbitration and Settlement) Act, and expresses the hope that these Bills will soon be enacted.

While noting these indications, the Committee also requests the Government to indicate the measures taken or envisaged to repeal or amend the above provisions of the Public Order and Security Act, No. 20 of 1967, and of the Penal Code.

The Committee trusts that measures will at last be taken to repeal or revise the abovementioned provisions and that the legislation will be brought into conformity with the Convention. It requests the Government to provide information on the progress made in this regard and to communicate a copy of the revised legislation as soon as it is adopted.

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The Committee notes with regret that no report has been received from the Government for the third year in succession. It must therefore repeat its previous observation on the following matters:

Article 1(a), (c) and (d) of the Convention. Over a number of years, the Committee has been referring to the following legislation:

(i)  the Public Order and Security Act, No. 20 of 1967, empowering the executive to restrict an individual’s association or communication with others, independently of the commission of any offence and subject to penalties involving compulsory labour;

(ii)  sections 54(2)(c), 55, 56 and 56A of the Penal Code, empowering the Minister to declare any combination of two or more persons an unlawful society and thus render any speech, publication or activity on behalf of or in support of such combination illegal and punishable with imprisonment (involving an obligation to perform labour);

(iii)  section 16(1)(a) of the Trade Disputes (Arbitration and Settlement) Act, 1964, under which workers employed in "essential services" may be prohibited from terminating their contract of service, even by notice; sections 16, 17 and 20A of the same Act, under which strikes may be prohibited in various services that, while including those generally recognized as essential ones, also extend to other services, and contravention of these prohibitions is punishable with imprisonment (involving an obligation to perform labour).

The Committee has noted the Government’s repeated statement in its reports that the labour legislation has been revised to enhance the application of the Convention, but the revised legislation is still in the form of a draft Bill. It also notes the Government’s indication in its latest report that the revision of the legislation (Labour Law Reform Project) is going on under the ILO/UNDP consultancy, and that a technical report is expected by the end of November 2000. The Committee expresses firm hope that a Bill to repeal or revise the abovementioned provisions will be adopted in the near future and that the legislation will be brought into conformity with the Convention. It requests the Government to provide information on the progress made in this regard and to communicate a copy of the revised legislation as soon as it is adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(a), (c) and (d) of the Convention. Over a number of years, the Committee has been referring to the following legislation:

(i)  the Public Order and Security Act, No. 20 of 1967, empowering the executive to restrict an individual’s association or communication with others, independently of the commission of any offence and subject to penalties involving compulsory labour;

(ii)  sections 54(2)(c), 55, 56 and 56A of the Penal Code, empowering the Minister to declare any combination of two or more persons an unlawful society and thus render any speech, publication or activity on behalf of or in support of such combination illegal and punishable with imprisonment (involving an obligation to perform labour);

(iii)  section 16(1)(a) of the Trade Disputes (Arbitration and Settlement) Act, 1964, under which workers employed in "essential services" may be prohibited from terminating their contract of service, even by notice; sections 16, 17 and 20A of the same Act, under which strikes may be prohibited in various services that, while including those generally recognized as essential ones, also extend to other services, and contravention of these prohibitions is punishable with imprisonment (involving an obligation to perform labour).

The Committee has noted the Government’s repeated statement in its reports that the labour legislation has been revised to enhance the application of the Convention, but the revised legislation is still in the form of a draft Bill. It also notes the Government’s indication in its latest report that the revision of the legislation (Labour Law Reform Project) is going on under the ILO/UNDP consultancy, and that a technical report is expected by the end of November 2000. The Committee expresses firm hope that a Bill to repeal or revise the abovementioned provisions will be adopted in the near future and that the legislation will be brought into conformity with the Convention. It requests the Government to provide information on the progress made in this regard and to communicate a copy of the revised legislation as soon as it is adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(a), (c) and (d) of the Convention. Over a number of years, the Committee has been referring to the following legislation:

(i)  the Public Order and Security Act, No. 20 of 1967, empowering the executive to restrict an individual’s association or communication with others, independently of the commission of any offence and subject to penalties involving compulsory labour;

(ii)  sections 54(2)(c), 55, 56 and 56A of the Penal Code, empowering the Minister to declare any combination of two or more persons an unlawful society and thus render any speech, publication or activity on behalf of or in support of such combination illegal and punishable with imprisonment (involving an obligation to perform labour);

(iii)  section 16(1)(a) of the Trade Disputes (Arbitration and Settlement) Act, 1964, under which workers employed in "essential services" may be prohibited from terminating their contract of service, even by notice; sections 16, 17 and 20A of the same Act, under which strikes may be prohibited in various services that, while including those generally recognized as essential ones, also extend to other services, and contravention of these prohibitions is punishable with imprisonment (involving an obligation to perform labour).

The Committee has noted the Government’s repeated statement in its reports that the labour legislation has been revised to enhance the application of the Convention, but the revised legislation is still in the form of a draft Bill. It also notes the Government’s indication in its latest report that the revision of the legislation (Labour Law Reform Project) is going on under the ILO/UNDP consultancy, and that a technical report is expected by the end of November 2000. The Committee expresses firm hope that a Bill to repeal or revise the abovementioned provisions will be adopted in the near future and that the legislation will be brought into conformity with the Convention. It requests the Government to provide information on the progress made in this regard and to communicate a copy of the revised legislation as soon as it is adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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Article 1(a), (c) and (d) of the Convention.  Over a number of years, the Committee has been referring to the following legislation:

(i)  the Public Order and Security Act, No. 20 of 1967, empowering the executive to restrict an individual’s association or communication with others, independently of the commission of any offence and subject to penalties involving compulsory labour;

(ii)  sections 54(2)(c), 55, 56 and 56A of the Penal Code, empowering the Minister to declare any combination of two or more persons an unlawful society and thus render any speech, publication or activity on behalf of or in support of such combination illegal and punishable with imprisonment (involving an obligation to perform labour);

(iii)  section 16(1)(a) of the Trade Disputes (Arbitration and Settlement) Act, 1964, under which workers employed in "essential services" may be prohibited from terminating their contract of service, even by notice; sections 16, 17 and 20A of the same Act, under which strikes may be prohibited in various services that, while including those generally recognized as essential ones, also extend to other services, and contravention of these prohibitions is punishable with imprisonment (involving an obligation to perform labour).

The Committee has noted the Government’s repeated statement in its reports that the labour legislation has been revised to enhance the application of the Convention, but the revised legislation is still in the form of a draft Bill. It also notes the Government’s indication in its latest report that the revision of the legislation (Labour Law Reform Project) is going on under the ILO/UNDP consultancy, and that a technical report is expected by the end of November 2000. The Committee expresses firm hope that a Bill to repeal or revise the abovementioned provisions will be adopted in the near future and that the legislation will be brought into conformity with the Convention. It requests the Government to provide information on the progress made in this regard and to communicate a copy of the revised legislation as soon as it is adopted.

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The Committee notes the Government's report.

Article 1(a), (c) and (d) of the Convention. In its earlier comments, the Committee referred to (i) the Public Order and Security Act, No. 20 of 1967, empowering the executive to restrict an individual's association or communication with others, independently of the commission of any offence and subject to penalties involving compulsory labour; (ii) sections 54(2)(c), 55, 56 and 56A of the Penal Code, empowering the Minister to declare any combination of two or more persons an unlawful society and thus render any speech, publication or activity on behalf of or in support of such combination illegal and punishable by imprisonment (involving an obligation to perform labour); and (iii) section 16(1)(a) of the Trade Disputes (Arbitration and Settlement) Act, 1964, under which workers employed in "essential services" may be prohibited from terminating their contract of service, even by giving notice; sections 16, 17 and 20A of the same Act, under which strikes may be prohibited in various services that, while including those generally recognized as essential, also extend to other services, and contravention of these prohibitions is punishable with imprisonment (involving an obligation to work).

The Committee notes the Government's statement in its report that the labour legislation has been revised to enhance the application of the Convention, but the revised legislation is still in the form of a draft Bill. The Committee trusts that a bill to repeal or revise the abovementioned provisions will be adopted in the near future and that the legislation will be brought into conformity with the Convention. It hopes that the Government will supply information on progress made in this respect and that it will forward a copy of the revised legislation as soon as it is adopted.

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Article 1(a), (c) and (d) of the Convention. In its earlier comments, the Committee referred to (i) the Public Order and Security Act, No. 20 of 1967, empowering the executive to restrict an individual's association or communication with others, independently of the commission of any offence and subject to penalties involving compulsory labour; (ii) sections 54(2)(c), 55, 56 and 56A of the Penal Code, empowering the Minister to declare any combination of two or more persons an unlawful society and thus render any speech, publication or activity on behalf of or in support of such combination illegal and punishable with imprisonment (involving an obligation to perform labour); and (iii) section 16(1)(a) of the Trade Disputes (Arbitration and Settlement) Act, 1964, under which workers employed in "essential services" may be prohibited from terminating their contract of service, even by notice. It notes from the report that these have not yet been repealed, due to the fact that there are so many laws to be revised in order to make them consistent with the 1995 Constitution. The Government expresses its regret and undertakes to pursue these matters. The Committee hopes the Government will be able to include in its next report new information in this respect, and that it will in the meantime indicate any further use made of the provisions.

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The Committee notes the information supplied by the Government in reply to its earlier comments.

1. Article 1(a) of the Convention. Further to its previous comments, the Committee notes with satisfaction that section 48 of the Press and Journalist Statute, 1995, has repealed the Press Censorship and Correction Act as well as the Newspaper, and Publications Act, section 21A of which had provided for the prohibition, enforceable with imprisonment (involving an obligation to perform labour) of the publication of any newspaper if the competent minister considered it to be in the public interest. It also notes with interest the adoption of the new Constitution of 1995 which contains in Article 29 provisions for the protection of freedom of expression (including freedom of the press and other media), religion, assembly, demonstration and association.

2. In its earlier comments the Committee referred to the Public Order and Security Act, No. 20 of 1967, empowering the executive to restrict, independently of the commission of any offence, an individual's association or communication with others, subject to penalties involving compulsory labour, the Committee noted the Government's indication that the Act was no longer being used in practice to detain people, but that its legislative revision was still going on, and that the Government would provide a report as soon as the revision was approved by Parliament. The Committee notes that the Government's latest report contains no new information on this subject. It again expresses the hope that the Government will soon be in a position to indicate that the Public Order and Security Act, whose repeal was reported since 1981 as being under way, has actually been repealed.

3. In its earlier comments, the Committee noted that sections 54(2)(c), 55, 56 and 56A of the Penal Code empower the competent minister to declare any combination of two or more persons to be an unlawful society (a power exercised in respect of various political, religious and student organizations by Statutory Instruments Nos. 12 of 1968, 153 of 1972 and 63 of 1973) and thus render any speech, publication or activity on behalf of or in support of any such association illegal and punishable with imprisonment (involving an obligation to perform labour). The Committee also noted that a number of orders made under these provisions between 1975 and 1977 were revoked by the Penal Code (Unlawful Society) (Revocation) Order, 1979, but that sections 54(2)(c), 55, 56 and 56A of the Penal Code appeared to remain in force and that by Statutory Instrument No. 15 of 1991 a society was declared unlawful under section 54(2) of the Penal Code. The Committee requested the Government to provide details on this case and any other cases of prohibition as well as on the measures adopted regarding the above provisions to ensure the observance of the Convention.

The Committee notes that, while no such details have been provided so far, the Government states in its latest report that the above-mentioned sections of the Penal Code have been covered by the provisions of the new Constitution which supersedes all the other laws. The Committee accordingly hopes that the necessary measures will be taken to formally repeal or amend these sections of the Penal Code in the light of the new Constitution, in order to ensure the observance of the Convention, and that the Government will indicate the measures taken to this end. Pending amendment of the Penal Code, the Committee again requests the Government to provide details on cases of prohibition under the above provisions.

4. Article 1(c). In its earlier comments the Committee noted that, under section 16(1)(a) of the Trade Disputes (Arbitration and Settlement) Act, 1964, workers employed in "essential services" may be prohibited from terminating their contract of service, even by notice. The Committee noted the Government's statement in its report of 1995 that the section in question concerns collective withdrawal of contract by a number of workmen as a result of a trade dispute and does not stop an individual who has fulfilled his/her obligations and given due notice to terminate his/her services in a normal manner, to do so. The Committee recalled, however, that, under section 16(1)(a) of the Act, any workman in an essential service who wilfully terminates his contract of service, knowing or having reasonable cause to believe that the probable consequences of his doing so, even alone, will be to deprive the public or any section of the public of that service or to diminish their enjoyment thereof, is subject to penal sanctions. The provisions for termination by notice contained in section 17 apply only "where any collective withdrawal of labour from an essential service is contemplated", and thus would appear not to cover the case of termination by individual workers in the absence of a collective dispute. In the absence of a reference to this point in the Government's report, the Committee again expresses the hope that section 16 of the Act will be suitably amended to ensure that individual workers in the services concerned may duly terminate their contracts by notice.

5. Article 1(d). In its earlier comments the Committee noted that, by virtue of sections 16, 17 and 20A of the Trade Disputes (Arbitration and Settlement) Act, 1964, strikes may be prohibited in various services that, while including those generally recognized as essential ones, also extend to other services, interruption of which would not necessarily endanger the life, personal safety or health of the whole or part of the population, and the contravention of these prohibitions may be punished with imprisonment (involving, as previously noted, an obligation to perform work). The Committee noted that the process to review the law was still under way.

In its report of 1995, the Government indicated that the tripartite labour legislation review committee discussed section 16(a) and 17 of the Trade Disputes (Arbitration and Settlement) Act, 1964, in the light of their implicit denial of the freedom of association to those individuals working in "essential services" in the interest of protecting the public against danger to their lives. Although the sections exist in the law, in reality, strikes have occurred in essential services and no one had ever been victimized because of engaging in strikes in essential services; the Government added that nowhere was a penalty involving compulsory labour mentioned under these section. Section 20 of the Act empowering the Minister to certify essential services in case of doubt was also at the centre of the discussions for the law revision committee, which took into account the fears expressed by the Committee, in particular, the overstretching of the category of essential services. The Government concluded that it was not possible to provide a definitive response to the Committee's observations until the law revision process was finalized.

The Committee took due note of these indications. Concerning the compulsory labour following from a sentence of imprisonment, the Committee recalled that under section 46 of the Prisons Ordinance, 1958, every sentence of imprisonment passed upon any criminal prisoner shall subject the prisoner during the term of such sentence to be imprisoned and to work at such labour as may be directed by the officer in charge under the general approval of the Commissioner of Prisons. The Committee previously pointed out that the Convention does not prevent work from being made available to prisoners at their own request, to be performed on a voluntary basis. However, under the above-mentioned provisions, an obligation to perform labour is laid down as an essential incident of punishment in the specific circumstances enumerated in Article 1(d) of the Convention. In the absence of further information on the law revision process in the Government's latest report, the Committee once again expresses the hope that the law revision process that has been referred to by the Government since 1979 will soon be finalized and that the Government will indicate measures taken to bring sections 16, 17 and 20A of the Trade Disputes (Arbitration and Settlement) Act, 1964, into conformity with the Convention, which prohibits the imposition of sanctions involving compulsory labour as a punishment for having participated in a strike.

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The Committee notes that no report has been received from the Government. It must, therefore, repeat its previous observation which read as follows:

1. The Committee previously noted that by the Proclamation of 26 January 1986 all legislative powers referred to in the Constitution were vested in the National Resistance Council and several chapters of the Constitution were suspended, or considered void if inconsistent with the Proclamation; that the operation of the Constitution and the existing laws are construed with such modifications, qualifications and adaptations as necessary to bring them into conformity with the Proclamation. The Committee notes that under Legal Notice No. 1 of 1986 (Amendments) (No. 2) Statute, 1989, the National Resistance Council shall continue in existence for a period of five years from 25 January 1990. The Committee hopes that the Government will provide information on any measures adopted in relation to Chapter III of the Constitution (protection of fundamental rights and freedoms of the individual), in particular as regards articles 17 and 18 (protection of freedom of expression, of assembly and association), as well as in relation to the suspension of activities of political parties and on any penalties involved. 2. In previous comments the Committee noted that the Public Order and Security Act, empowering the executive to restrict, independently of the commission of any offence, an individual's association or communication with others, subject to penalties involving compulsory labour appeared to have been repealed. The Committee again requests the Government to indicate whether this Act has actually been repealed and to supply a copy of any text adopted to this effect. The Committee had also referred to measures to be taken to repeal or amend section 21A of the Newspaper and Publications Act (inserted by Decree No. 35 of 1972) under which the publication of any newspaper may be prohibited if the competent minister considers it to be in the public interest to do so and which is enforceable with imprisonment (involving an obligation to perform labour). The Committee hopes that the necessary measures will soon be taken and, pending their adoption, it again requests the Government to supply details on all cases in which prohibitions are made or maintained in application of these provisions. 3. In its previous comments, the Committee noted that sections 54(2)(c), 55, 56 and 56A of the Penal Code empower the competent minister to declare any combination of two or more persons to be an unlawful society (a power exercised in respect of various political, religious and student organizations by Statutory Instruments Nos. 12 of 1968, 153 of 1972 and 63 of 1973) and thus render any speech, publication or activity on behalf of or in support of any such association illegal and punishable with imprisonment (involving an obligation to perform labour). The Committee also noted that a number of orders made under these provisions between 1975 and 1977 were revoked by the Penal Code (Unlawful Society) (Revocation) Order, 1979, but that sections 54(2)(c), 55, 56 and 56A of the Penal Code appeared to remain in force. The Committee notes that by Statutory Instrument No. 15 of 1991 a society was declared unlawful under section 54(2) of the Penal Code. The Committee requests the Government to provide details on this case and any other cases of prohibition as well as on the measures adopted regarding the above provisions to ensure the observance of the Convention on this point. 4. Article 1(c) and (d). In previous comments the Committee noted that, under section 16(a) of the Trade Disputes (Arbitration and Settlement) Act, 1964, workers employed in "essential services" may be prohibited from terminating their contract of service, even by notice, that, by virtue of sections 16, 17 and 20A of the same Act, strikes may be prohibited in various services which, while including those generally recognized as essential ones, also extend to other services, interruption of which would not necessarily endanger the life, personal safety or health of the whole or part of the population and that contravention of these prohibitions may be punished with imprisonment (involving, as previously noted, an obligation to perform work). The Committee notes that the process to review the law is still under way. The Committee hopes that the Government will soon be able to indicate measures taken to bring sections 16, 17 and 20A of the Trade Disputes (Arbitration and Settlement) Act, 1964, into conformity with the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes the information supplied by the Government in its reports in reply to the Committee's previous observation on the application of the Convention.

1. Article 1(a) of the Convention. In previous comments the Committee noted that the Public Order and Security Act, No. 20 of 1967, empowering the executive to restrict, independently of the commission of any offence, an individual's association or communication with others, subject to penalties involving compulsory labour appeared to have been repealed; the Committee requested the Government to indicate whether this Act had actually been repealed and to supply a copy of any text adopted to this effect. The Committee had also referred to measures to be taken to repeal or amend section 21A of the Newspaper and Publications Act (inserted by Decree No. 35 of 1972) under which the publication of any newspaper may be prohibited if the competent minister considers it to be in the public interest to do so and which is enforceable with imprisonment (involving an obligation to perform labour).

The Committee notes the Government's indication that the Public Order and Security Act is no longer being used in practice to detain people, but that the legislative revision is still going on, and that the Government will provide a report as soon as the revisions are approved by Parliament. The Committee further notes the Government's indication that section 21A of the Newspaper and Publications Act has not been invoked to prohibit publication of any newspaper in the public interest; it notes with interest that the Press Media Bill 1995 which is currently being debated in Parliament is to repeal the Newspaper and Publications Act as well as the Press Censorship and Convention Act. The Committee hopes that the Government will soon be in a position to indicate that the Newspaper and Publications Act, as well as the Public Order and Security Act, whose repeal was reported since 1981 as being under way, have actually been repealed.

2. In its previous comments, the Committee noted that sections 54(2)(c), 55, 56 and 56A of the Penal Code empower the competent minister to declare any combination of two or more persons to be an unlawful society (a power exercised in respect of various political, religious and student organizations by Statutory Instruments Nos. 12 of 1968, 153 of 1972 and 63 of 1973) and thus render any speech, publication or activity on behalf of or in support of any such association illegal and punishable with imprisonment (involving an obligation to perform labour). The Committee also noted that a number of orders made under these provisions between 1975 and 1977 were revoked by the Penal Code (Unlawful Society) (Revocation) Order, 1979, but that sections 54(2)(c), 55, 56, and 56A of the Penal Code appeared to remain in force and that by Statutory Instrument No. 15 of 1991 a society was declared unlawful under section 54(2) of the Penal Code. The Committee requested the Government to provide details on this case and any other cases of prohibition as well as on the measures adopted regarding the above provisions to ensure the observance of the Convention.

The Committee notes that no such details have been provided. It notes the Government's indication that sections 54(2)(c), 55 and 56A of the Penal Code are still in force, but that sentences or penalties under the Code provide for imprisonment only and do not involve an obligation to perform compulsory labour.

The Committee recalls that under section 46 of the Prisons Ordinance, 1958, every sentence of imprisonment passed upon any criminal prisoner shall subject the prisoner during the term of such sentence to be imprisoned and to work at such labour as may be directed by the officer in charge under the general approval of the Commissioner of Prisons. The Committee previously pointed out that the Convention does not prevent work from being made available to prisoners at their own request, to be performed on a voluntary basis. However, under the above-mentioned provisions, an obligation to perform labour is laid down as an essential incident of punishment in the specific circumstances enumerated in Article 1(a) of the Convention. Noting also the Government's indication in its reports that public rallies and campaigns remain suspended and that any illegal assembly is handled as a criminal offence under section 54(2) of the Penal Code, which provides for a penalty of imprisonment of up to three years, the Committee again expresses the hope that the necessary action will be taken regarding these provisions to ensure the observance of the Convention, and that the Government will soon report measures adopted to this end.

3. Article 1(c). In previous comments the Committee noted that, under section 16(1)(a) of the Trade Disputes (Arbitration and Settlement) Act, 1964, workers employed in "essential services" may be prohibited from terminating their contract of service, even by notice. The Committee notes the Government's statement in its report that the section in question concerns collective withdrawal of contract by a number of workmen as a result of a trade dispute and does not stop an individual who has fulfilled his/her obligations and given due notice to terminate his/her services in a normal manner, to do so. The Committee recalls, however, that, under section 16(1)(a) of the Act, any workman in an essential service who wilfully terminates his contract of service, knowing or having reasonable cause to believe that the probable consequences of his doing so, even alone, will be to deprive the public or any section of the public of that service or to diminish their enjoyment thereof, is subject to penal sanctions. The provisions for termination by notice contained in section 17 apply only "where any collective withdrawal of labour from an essential service is contemplated", and thus would appear not to cover the case of termination by individual workers in the absence of a collective dispute. The Committee accordingly hopes that section 16 of the Act will be suitably amended to ensure that individual workers in the services concerned may duly terminate their contracts by notice.

4. Article 1(d). In previous comments the Committee noted that, by virtue of sections 16, 17 and 20A of the Trade Disputes (Arbitration and Settlement) Act, 1964, strikes may be prohibited in various services that, while including those generally recognized as essential ones, also extend to other services, interruption of which would not necessarily endanger the life, personal safety or health of the whole or part of the population, and that contravention of these prohibitions may be punished with imprisonment (involving, as previously noted, an obligation to perform work). The Committee noted that the process to review the law was still under way.

In its latest report, the Government indicates that the tripartite labour legislation review committee discussed sections 16(a) and 17 of the Trade Disputes (Arbitration and Settlement) Act 1964 in the light of their implicit denial of the freedom of association to those individuals working in "essential services" in the interest of protecting the public against danger to their lives. Although the sections exist in the law, in reality, strikes have occurred in essential services and no one had ever been victimized because of engaging in strikes in essential services; the Government adds that nowhere is a penalty involving compulsory labour mentioned under these sections. Section 20 of the Act empowering the Minister to certify essential services in case of doubt has also been at the centre of the discussions for the law revision committee, which took into account the fears expressed by the Committee, in particular, the overstretching of the category of essential services. The Government concludes that it is not possible to provide a definitive response to the Committee's observations until the law revision process is finalized.

The Committee takes due note of these indications. Concerning the compulsory labour following from a sentence of imprisonment, the Committee refers to the explanations in point 2 above. The Committee hopes that the law revision process that has been referred to by the Government since 1979 will soon enable the Government to indicate measures taken to bring sections 16, 17 and 20A of the Trade Disputes (Arbitration and Settlement) Act, 1964, into conformity with the Convention, which prohibits the imposition of sanctions involving compulsory labour as a punishment for having participated in a strike.

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The Committee notes the Government's report.

1. The Committee previously noted that by the Proclamation of 26 January 1986 all legislative powers referred to in the Constitution were vested in the National Resistance Council and several chapters of the Constitution were suspended, or considered void if inconsistent with the Proclamation; that the operation of the Constitution and the existing laws are construed with such modifications, qualifications and adaptations as necessary to bring them into conformity with the Proclamation. The Committee notes that under Legal Notice No. 1 of 1986 (Amendments) (No. 2) Statute, 1989, the National Resistance Council shall continue in existence for a period of five years from 25 January 1990.

The Committee hopes that the Government will provide information on any measures adopted in relation to Chapter III of the Constitution (protection of fundamental rights and freedoms of the individual), in particular as regards articles 17 and 18 (protection of freedom of expression, of assembly and association), as well as in relation to the suspension of activities of political parties and on any penalties involved.

2. In previous comments the Committee noted that the Public Order and Security Act, empowering the executive to restrict, independently of the commission of any offence, an individual's association or communication with others, subject to penalties involving compulsory labour appeared to have been repealed. The Committee again requests the Government to indicate whether this Act has actually been repealed and to supply a copy of any text adopted to this effect. The Committee had also referred to measures to be taken to repeal or amend section 21A of the Newspaper and Publications Act (inserted by Decree No. 35 of 1972) under which the publication of any newspaper may be prohibited if the competent minister considers it to be in the public interest to do so and which is enforceable with imprisonment (involving an obligation to perform labour). The Committee hopes that the necessary measures will soon be taken and, pending their adoption, it again requests the Government to supply details on all cases in which prohibitions are made or maintained in application of these provisions.

3. In its previous comments, the Committee noted that sections 54(2)(c), 55, 56 and 56A of the Penal Code empower the competent minister to declare any combination of two or more persons to be an unlawful society (a power exercised in respect of various political, religious and student organisations by Statutory Instruments Nos. 12 of 1968, 153 of 1972 and 63 of 1973) and thus render any speech, publication or activity on behalf of or in support of any such association illegal and punishable with imprisonment (involving an obligation to perform labour). The Committee also noted that a number of orders made under these provisions between 1975 and 1977 were revoked by the Penal Code (Unlawful Society) (Revocation) Order, 1979, but that sections 54(2)(c), 55, 56 and 56A of the Penal Code appeared to remain in force.

The Committee notes that by Statutory Instrument No. 15 of 1991 a society was declared unlawful under section 54(2) of the Penal Code. The Committee requests the Government to provide details on this case and any other cases of prohibition as well as on the measures adopted regarding the above provisions to ensure the observance of the Convention on this point.

4. Article 1(c) and (d). In previous comments the Committee noted that, under section 16(a) of the Trade Disputes (Arbitration and Settlement) Act, 1964, workers employed in "essential services" may be prohibited from terminating their contract of service, even by notice, that, by virtue of sections 16, 17 and 20A of the same Act, strikes may be prohibited in various services which, while including those generally recognised as essential ones, also extend to other services, interruption of which would not necessarily endanger the life, personal safety or health of the whole or part of the population and that contravention of these prohibitions may be punished with imprisonment (involving, as previously noted, an obligation to perform work). The Committee notes that the process to review the law is still under way. The Committee hopes that the Government will soon be able to indicate measures taken to bring sections 16, 17 and 20A of the Trade Disputes (Arbitration and Settlement) Act, 1964, into conformity with the Convention.

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The Committee notes the information provided in the Government's report for the period ending 30 June 1988 that the Committee's observations were brought to the attention of the ILO expert mission on labour legislation and that the Government will take into account the mission's recommendations. This information does not, however, address the request for information made by the Committee in its previous comments. The Committee is obliged to point out that its earlier comments reproduced in paragraphs 1, 2 and 3 below do not relate to labour legislation and therefore were outside the scope of review of an ILO mission on labour legislation. Accordingly, the Committee again asks the Government to indicate the measures which have been taken or are under consideration to address the following points:

1. In its previous comments, the Committee noted that by Proclamation of 26 January 1986 all legislative powers referred to in the Constitution were vested in the National Resistance Council and several chapters of the Constitution were suspended. According to paragraph 13 of the Proclamation the provisions of the Constitution inconsistent with the Proclamation are void; the operation of the Constitution and the existing laws are not affected but they are construed with such modifications, qualifications and adaptations as are necessary to bring them into conformity with the Proclamation. The Committee requests the Government to provide information on any measures adopted in relation to Chapter III of the Constitution (protection of fundamental rights and freedoms of the individual) in particular as regards articles 17 and 18 (protection of freedom of expression, of assembly and association) as well as in relation to the suspension of activities of political parties and on any penalties involved. 2. In previous comments the Committee noted that the Public Order and Security Act, empowering the executive to restrict, independently of the commission of any offence, an individual's association or communication with others, subject to penalties involving compulsory labour appeared to have been repealed. The Committee requests the Government to indicate whether this Act has actually been repealed and to supply a copy of any text adopted to this effect. The Committee had also referred to measures to be taken to repeal or amend section 21A of the Newspaper and Publications Act (inserted by Decree No. 35 of 1972) under which the publication of any newspaper may be prohibited if the competent minister considers it to be in the public interest to do so and which is enforceable with imprisonment (involving an obligation to perform labour). The Committee hopes that the necessary measures will soon be taken and, pending their adoption, it would again ask the Government to supply details on all cases in which prohibitions are made or maintained in force under these provisions. 3. In its previous comments, the Committee noted that sections 54(2)(c), 55, 56 and 56A of the Penal Code empower the competent minister to declare any combination of two or more persons to be an unlawful society (a power exercised in respect of various political, religious and student organisations by Statutory Instruments Nos. 12 of 1968, 153 of 1972 and 63 of 1973) and thus render any speech, publication or activity on behalf of or in support of any such association illegal and punishable with imprisonment (involving an obligation to perform labour). The Committee also noted that a number of orders made under these provisions between 1975 and 1977 were revoked by the Penal Code (Unlawful Society) (Revocation) Order, 1979, but that sections 54(2)(c), 55, 56 and 56A of the Penal Code appeared to remain in force. The Committee requests the Government to supply details on any new cases of prohibition as well as on the measures adopted regarding these provisions to ensure the observance of the Convention on this point. 4. Article 1(c) and (d). In previous comments the Committee noted that, under section 16(a) of the Trade Disputes (Arbitration and Settlement) Act, 1964, workers employed in "essential services" may be prohibited from terminating their contract of service, even by notice, that, by virtue of sections 16, 17 and 20A of the same Act, strikes may be prohibited in various services which, while including those generally recognised as essential ones, also extend to other services, interruption of which would not necessarily endanger the life, personal safety or health of the whole or part of the population and that contravention of these prohibitions may be punished with imprisonment (involving, as previously noted, an obligation to perform work). The Committee also noted that the process to review the law was under way. The Committee hopes that the Government will soon be able to indicate measures taken to bring sections 16, 17 and 20A of the Trade Dispute (Arbitration and Settlement) Act, 1964, into conformity with the Convention.